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Claiming for a burst Tyre
Comments
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It's not case law which provides the local authority with a defence, it's statute. More specifically it's s.58 of the Highways Act 1980. The local authority are provided a absolute defence to claims if they can prove they have a proper system of inspection.1
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OP, it's unfortunate for you, but I don't think you have any chance of a successful claim. Councils are skint anyway, but doesn't it seem unreasonable to think that any pothole on any road they are responsible for is their fault before they even know about it? They can't inspect every road every day. At least by reporting it now, you may save the next driver from an expensive repair bill.0
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